The High Court · 2025
Case Details
Acts & Sections
R/ a J Wanaparthy, WanaParthY District. 11. Ramuhi Pdvan Kumar, S/o Venkata Business, R/o. Wanaparthy, Wanaparth 12. B.Sunitha, Wo late B. Venkateswa R/o.Wanaparthy, Wanapartht District. 1 3. Arvind Kumar, S/o. Koppera Krishn Business, Rl/o. Wanaparthy, Wanaparth 14. Ramuni Narasimha, S/o. Narayana, Wanaparthy, Wanaparthy Districl. - '15. Smt. Chinthakunta Laxmi, Wo Anji Red H. No. 42-306, WanaParthY Town, Wan v R a a M a a D Strict J S Wana a S hrt v R am u 0 U 1 e Ag v d 3 8 A ed s a parthv n a 4 vearS 5 o U S c b D s ct rs o ne S S R/o H 3I yea rS occ B U ne Ss D S I ct a a parthv n Ss R/o N o B U s n 81 eddy, Aged 64 Years Occ Business, Aged 48 years Occ. Business, R/o. amana, Aged about 25 Years Occ Diskict. lu, Aged 55 years, Occ. Business, iah, Aged 45 Years and 48, Occ District. 54 years, Occ.Business, R/o. y, a s h e 41 years, Occ Household, Rl/o v District. ..PETITIONERS AND 1 2 J The State of Telangana, Rep by its Prin Administration and Urban Development The District Collector, Wananparthy. The Wanaparthy Municipality, Rep by i WanaparthY District. Secreta ry M u n c pa reta nat H eraba d Commissioner, WanaParthY,
4. The Executive Enoineer, Roads and Buildings Department, Wanaparthy, Wanapathy Distric"t. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No. 2 and 3 interfering with the peaceful possession of the petitioners bearing Shops Nos. 42-306t1 , 42- 306/4, 42-306tC, 42-306t2, 42_307t4, 42_3o6tB, 42_308t2, 42_274, 42_42-277, 42-30814, 42-275, 42-273, 42-273t1, 308/1 , 42-306 situated at New Gunj, Kurnool Road, wanaparthy Town and District for the purpose of road widening without issuing any proceedings is ilregar, arbitrary and u ncon stitutional and consequently direct the respondents not to interfere with the possession and dispossess the petitioners over the schedule shops bearing Nos. 42-306/1 ,42- 306/4, 42-306tC, 42-306t2, 42_307t4, 42_3o6t1, 42_3o1t2, 42_274, 42_42_277, 42-30814, 42-275, 42-273, 42-2731i,308/i, 42-306 New Gunj, Kurnool Road, wanaparthy Town and District without foflowing the due process as contemplated under the Act 30 of 2013 IANO:1OF2 025 Petition under section 1 5 i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to issue Interim directions to the respondents No, 2 and 3 not to dispossess the petitioners from the schedure shops bearing Nos. 42-306/.1 , 42-306rA, 42-3o6tc, 42-30612, 42-307.14, 42-3o6tB, 42-3o\t2, 42-274, 42-42-277, 42-3o}t4, 42-275, 42-273, 42-27311,308i1, 42-306 New Gunj, Kurnoot Road, Wanaparthy Town and District without following the due process as contemplated under the Act 30 of 2013 pending disposal of the writ petition. Counsel for the Petitioners: Ms. AYESHA HUMERA Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: Gp FOR REVENUE Counsel for the Respondent No.3: SRI PUTTA KRISHNA REDDY, SC FOR Counsel for the Respondent No.4: Gp FOR ROADS & BUILDINGS MPCL The Court made the following: ORDER *r'l /'/ HONOURABLE SRI JUSTICE . \.IJAYSEN REDDY WRIT PETITION No.2 639 0F 2025 ORDER:(ORAL) 'Ihis writ petition is filed by the p titioners seeking to declare the action of respondent Nos.2 and , in interfering with their peaceful possession in respect of the ops bearing Nos.42-306/1, 42-3061 A., 42-3061 C, 42-30612, 42-30 4, 42-30618, 42-30812, 42- 274, 4?.-42-277, 42-30814, 42-275, 4 -273, 42-27311, 308/1 and 42-306 situated at New Gunj, Kurno I Road, Wanaparthy Town and District, for the purpose of road w dening, without issuing anY proceedings, as being arbitrary and un nstitutional.
2. Heard leamed counsel lor t e petitioners and Mr. Putta Krishna Reddy, Iearned Standing ounsel for Municipalities, appearing for respondent No.3, and p rused the material available on record.
3. Leamed Standing Counsel respondent No.3 submitted that the properties of the petitioners affected in the proPosed road widening at New Gunj, Kumool , Wanaparthy Town and District. The petitioners were reques to avail the benefit of TDR \ffis+\r} *. r \ 2 under G.O.Ms.No.330 dated 28.12.2017. Respondent No.3 is requesting the petitioners to voluntarily surrender tl-re road affected portion of their properties
4. Leamed counsel lbr the petitioners submitted that the respondent authorities are interfering with the possession of the petitioners rvithout following due process of law and the provisions ol' Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,20l3 (Act 30 of 20r3)
5. In the circumstances, respondent Nos.2 and 3 are directed not to dispossess the petitioners lrorn the shops bearing Nos.42- 30611, 42-3061A, 42-3061C, 42-30612, 42-30711, 42-306tB' 42- 308/2, 42-274, 42-42-277, 42-308t4, 42-275, 42-273, 42-273fi, 308/l and 42-306 situated at New Gunj, Kumool Road, Wanaparthy Town and District, without following due process of law. This order shall not come in the way of the respondents in negotiating with the petitioners by offering TDR or money compensation under the provisions of Act 30 of 2013 J
6. Accordingly, the writ petition is disposed of. No order as to costs As a sequel thereto, miscellaneo petitions, if any, pending in this writ petition stand closed. SD'. B.CHAN EPU DRA P TY REG RAKASH ISTRAR /,TRUE C PY,, SECTION OFFICER To n v d d 1 The Sec The A Secretary M u n c p a P rinciPal vd taba Sta e o Te d tariat, H anan a rth p v o ector D t S c u anap arth M 2 3 Th Comm sS oner D S ct 4 T e ExecutiVC Ens nee Roa S an h anapa hv D Strict t RA H to M AY S E o n MN o M P F R of e ansan a a Hvde(ab d oU Tl t wo CC s o U P Fo R RoAD S & B U t 7 T Te angan a a Hvdetab t B T o CcS to P oR RE EN E F oUrl H eraba one Cc to SR P U TT KR S NH Two cD C opteS C 5 6 Two CC S to G H U M P a E L D a)UTI U c (. T q a d d S t H 10 inistration an Urban DeveloPment' d a gana ciPality' WanaParthY' WanaParthY uildings DePartment' WanaParthY' vocate o P U C I RBAN D EV H g Co rt for the State t U LDINGS, High Court for the State of gh Court for the State of Telangana' at EDDY, SC FOR MPCL IOPUC] h u PSK. PSK HIGH COURT DATED:1 910812025 CC TODAY ORDER WP.No.24639 of 2025 iH )14 ( lc- \)() Ll -L- t I AUE 2ti25 L 7_. * FATCl., DISPOSING OF THE WRIT PETITION WITHOUT COSTS